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(영문) 대전지방법원 서산지원 2019.05.01 2018고단1317
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2018 Highest 1317"

1. On March 5, 2018, the Defendant, using a small-sum settlement site, made a false statement that “The Defendant would pay money to the victim B by going through the C website.”

However, the defendant did not have certain income, while the defendant did not have any special property in the future, and even if the victim paid small amount of money, the victim did not have any intent or ability to pay the amount of money in full to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as such; (b) caused the victim to settle the total amount of KRW 1,467,460 as stated in the attached Table 1 from around that time to June 5, 2018, thereby obtaining pecuniary benefits equivalent to the said amount.

2. On May 8, 2018, the Defendant of a loan fraud, under the pretext of the cost of resolving guarantee insurance, stated that “A person shall obtain a loan from the victim B to repay the amount of money, but he/she shall receive a loan from the victim B with no obligation to settle the guaranteed insurance, and he/she shall receive a loan if he/she lends money to settle the relevant debt, and he/she shall repay all the borrowed money during the loan.”

However, the defendant did not have certain income, while the defendant did not have any special property in the future, and even if he borrowed money from the victim in the amount of 60 million won, he did not have any intent or ability to repay it to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 2,190,000 won from around that time until May 27, 2018 as stated in attached Table 2(1) to (11) of the List of Offenses Act.

3. On May 29, 2018, the accused of the fraud of the borrowed money under the pretext of the payment of unpaid mobile phone charges shall obtain a loan from the victim B to repay the money at an unspecified place, and the unpaid mobile phone charges shall be bad credit.

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